(10 ILCS 5/28-4) (from Ch. 46, par. 28-4)
Sec. 28-4.
The provisions of Sections 10-8 through 10-10.1
relating to objections to nominating petitions, hearings on objections,
and judicial review, shall apply to and govern, insofar as may be
practicable, objections to petitions for the submission of questions of
public policy required to be filed with local election officials and election
authorities, and to petitions for proposed Constitutional amendments and
statewide advisory public questions required
to be filed with the State Board of Elections, except that objections to
petitions for the submission of proposed Constitutional amendments and
statewide advisory public questions may be filed
within 42 business days after the petition is filed.
The electoral board to hear and pass on objections shall be the
electoral board specified in Section 10-9 to have jurisdiction over
objections to the nominating petitions of candidates for offices of the
political subdivision in which the question of public policy is proposed to
be submitted to the electors. The electoral board to hear and pass upon
objections to petitions for proposed Constitutional amendments or statewide
advisory public questions shall be the State Board of Elections.
Objections to petitions for the submission of public questions which are
required by law to be filed with the circuit court shall be presented to
and heard by the court with which such petitions are filed. In such cases,
unless otherwise provided in the statute authorizing the public question,
the court shall (1) set a hearing on the petition, (2) cause notice of such
hearing to be published, as soon as possible after the filing of the petition
but not later than 14 days after such filing and not less than 5 days before
the hearing, in a newspaper of general circulation published in the political
subdivision to which the public question relates and if there is no such
newspaper, then in one newspaper published in the county and having a general
circulation in the political subdivision, (3) conduct such hearing and entertain
all objections as may be properly presented on or before such hearing date
in the manner as provided in Article 10 for the conduct of proceedings before
electoral boards, insofar as practicable, (4) conduct further hearings as
necessary to a decision
on the objections properly raised, and (5) enter a final order not later
than 7 days after the initial hearing.
Where a statute authorizing a public question specifies judicial procedures
for the determination of the validity of such petition, or for the determination
by the court as to any findings required prior to ordering the proposition
submitted to referendum, the procedures specified in that statute shall govern.
(Source: P.A. 83-999.)
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